상표권이전등록말소절차이행
The judgment below
The part against the defendant is reversed, and that part of the case is remanded to Busan High Court.
The plaintiff.
The grounds of appeal are examined.
1. Fraudulent act subject to creditor's right of revocation is a debtor's property juristic act that causes reduction of the debtor's whole property in principle, and therefore, even if the debtor's property juristic act is the debtor's property, it shall not be considered a fraudulent act if it does not cause reduction of
(See Supreme Court Decision 2014Da222725 Decided January 28, 2016). 2. Review of the reasoning of the first instance judgment as cited by the lower court and the record reveals the following facts.
① On October 9, 2009, the Defendant entered into a bond acquisition contract (hereinafter “instant bond acquisition contract”) with C Co., Ltd (Co., Ltd. (hereinafter “C”) to acquire the 7-time bonds with warrants issued by C (hereinafter “instant bonds”) in KRW 2 billion (hereinafter “instant bonds”).
At this time, in order to secure all obligations, including the principal and interest of the instant bonds, interest thereon, delay damages, and other damages arising in connection with the said underwriting contract, C entered into a contract to establish a security transfer contract (hereinafter referred to as “instant security transfer contract”) with the Defendant providing both the trademark rights and service mark rights owned by C including the trademark rights and service mark rights listed in the attached list of the lower judgment, and the trademark rights and service mark rights owned by G (hereinafter referred to as “G”), Co., Ltd. (hereinafter referred to as “H”), and H (hereinafter referred to as “instant trademark rights, etc.”) owned by C as an affiliated company of C (hereinafter referred to as “instant security transfer contract”).
② In the instant contract for the transfer of security, when the grounds for loss of the term interest under the instant contract for the transfer of security arise, the Defendant may initiate the procedure for satisfaction and settlement of payment by means of trademark rights, etc. (Article 2(2)(b)), and the valuation of trademark rights, etc., by means of the appraisal by a reliable assessment agency designated by the